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What is Alienation of Affection? North Carolina is one of only a few states that recognizes the tort of alienation of affection . Alienation of affection allows a spouse to sue a third party for wrongful acts that deprived him or her of the love and affection of his or her spouse. While this tort can be used to sue any third party, including meddling in-laws, it is typically used to sue a spouse’s ...

A new North Carolina law that blocks jilted spouses from suing third parties over lost love and affection in some situations is an important modernization of the marital statute, a Cary attorney says. “This is a progressive step that will protect third parties from becoming collateral damage in divorce litigation, just because they happen to start… View the entire press release.

As you initiate your divorce action, annulment proceeding, or legal separation, your tax filing status does not automatically change. However, as your case proceeds through the legal process, you should consider a number of tax filing options and some rules governing taxable income and deductions. You are only considered “unmarried” for tax filing status if your final decree of divorce or legal ...

By Gregory Forman When considering alimony (sometimes referred to as maintenance), it is important to understand the four basic types of alimony. 1. Permanent periodic alimony : a fixed amount paid at fixed intervals (typically monthly). It does not end until the payor dies or the supported spouse remarries or dies, but it can be modified upon a showing of a change in circumstances. 2. ...

As you initiate your divorce action, annulment proceeding, or legal separation, your tax filing status does not automatically change. However, as your case proceeds through the legal process, you should consider a number of tax filing options and some rules governing taxable income and deductions. You are only considered “unmarried” for tax filing status if your final decree of divorce or legal ...

While changing your name after a divorce might seem like the last of your concerns, you may choose to do so, as it can help bring closure. If you’ve asked yourself: “ How do I change my name after my divorce? ” there is no need to worry. It may seem complicated, but actually the process is fairly straightforward. You may petition to change your name at the time of divorce in conjunction with the ...

Both parents are responsible for providing child support in North Carolina . However, only the non-custodial parent must make support payments if this parent has less than 123 overnights per year with the child. In such cases, the custodial parent (the parent having more than 242 overnights with the child) is already assumed to be spending the required amount on the minor child directly. Payments ...

Common law marriage is a term used for a marriage that is considered to exist by both partners’ consent, but has not actually been performed or registered with a state or church. The marriage is implied simply by the fact that the couple presents themselves as having been married. In most states that allow for the formation of a common law marriage, the parties must have intended to be married, ...

The holidays are a time for celebration and spending time together with the ones you love. Every holiday song repeats the message of love, sharing, and family. For a recently-divorced or separated person in North Carolina, however, the holiday time can be especially stressful and difficult. Co-parenting during the holidays can be particularly challenging. So what can you do to try to ensure the ...

What is Alienation of Affection? North Carolina is one of only a few states that recognizes the tort of alienation of affection . Alienation of affection allows a spouse to sue a third party for wrongful acts that deprived him or her of the love and affection of his or her spouse. While this tort can be used to sue any third party, including meddling in-laws, it is typically used to sue a spouse’s ...

Going through a divorce can be a stressful and complicated experience. Regardless of the length of your marriage, a divorce judgment has numerous legal implications. Speaking with a North Carolina family law attorney when considering a divorce will help you understand the divorce process, the cost of divorce, the potential pitfalls, and the legal effect of obtaining a divorce. Every divorce is as ...

By Mark A. Chinn Most lawyers become lawyers because they like to help people. They care very much that their life’s work is viewed as a service to people and to the betterment of the community and nation. For that reason, many lawyers are somewhat embarrassed to bring up the subject of fees. But lawyers know that clients need to know the basis for the charges they are about to incur. So, if your ...

How to get child custody in Raleigh Custody of a minor child may be decided through either an agreement between the parents or by a judge. In Raleigh, North Carolina, custody may be awarded to either one or both parents, another person (such as a grandparent), an organization, or an agency. A judge decides custody placement based on what is in the best interests of the child. In order for a judge ...

The holidays are a time for celebration and spending time together with the ones you love. Every holiday song repeats the message of love, sharing, and family. For a recently-divorced or separated person in North Carolina, however, the holiday time can be especially stressful and difficult. Co-parenting during the holidays can be particularly challenging. So what can you do to try to ensure the ...

If you are separated from your spouse or thinking about separating from your spouse, you need to begin planning for the division of your marital assets and debts. Any property acquired during your marriage will be considered marital (except property acquired by gift or inheritance to only one spouse). Any debts acquired during your marriage will also be considered marital, so long as the debts ...

When going through a divorce in North Carolina, one of the most common questions people have is “what will happen to my retirement accounts?” Tangible items such as cars and personal belongings are typically easier to divide because what is “marital” or “separate” property typically depends on when that property was obtained. Retirement accounts, however, can be part marital and part separate, ...

Can I keep it? Must we split it? What should we do about the house? Divorcing spouses often assume that they must sell the marital home and that the sale must be completed before the divorce can be finalized. Neither of these assumptions is accurate. In fact, there are a number of options for allocating, dividing, or disposing of the family home. A sale of the property is the option that will ...

We’ve all heard cautionary tales of job seekers having been denied positions or promotions due to questionable online activity, including dubious pictures or postings. However, few of us consider the potential effect social media and digital communications can have on family law and divorce proceedings. A misguided Facebook post or tweet can have implications far beyond the immediate by creating ...

How to get child custody in Raleigh Custody of a minor child may be decided through either an agreement between the parents or by a judge. In Raleigh, North Carolina, custody may be awarded to either one or both parents, another person (such as a grandparent), an organization, or an agency. A judge decides custody placement based on what is in the best interests of the child. In order for a judge ...

If you are separated from your spouse or thinking about separating from your spouse, you need to begin planning for the division of your marital assets and debts. Any property acquired during your marriage will be considered marital (except property acquired by gift or inheritance to only one spouse). Any debts acquired during your marriage will also be considered marital, so long as the debts ...

Navigating a divorce can be, and usually is, overwhelming and frightening. There are multiple things to think about, many of which are in an area you know little or nothing about. During the divorce process, you are confronted with issues of estate planning, taxes, the inner workings of a spouse’s business financials, retirement accounts, and child custody. A small, but essential, area important ...

If you are separated from your spouse or thinking about separating from your spouse, you need to begin planning for the division of your marital assets and debts. Any property acquired during your marriage will be considered marital (except property acquired by gift or inheritance to only one spouse). Any debts acquired during your marriage will also be considered marital, so long as the debts ...

Can I keep it? Must we split it? What should we do about the house? Divorcing spouses often assume that they must sell the marital home and that the sale must be completed before the divorce can be finalized. Neither of these assumptions is accurate. In fact, there are a number of options for allocating, dividing, or disposing of the family home. A sale of the property is the option that will ...

Let’s face it, divorce is no fun. It is a painful, traumatic, terrible time in your life. If you really want to suffer, however, you can take steps, ratchet up the heat, and turn your divorce into the “Divorce From Hell.” View full article… Divorce From Hell This article was published in Family Advocate, Vol. 34, No. 1.

Attorney Charles H. Montgomery has been appointed Chairman of the North Carolina Bar Association Family Law Section. Mr. Montgomery began his term as Chairman July 1, 2012. As the acting Chairman, Mr. Montgomery is responsible for appointing committee chairs, presiding over all Family Law Section meetings, and appointing officers to the Family Law Section Council. Prior to being appointed ...

Take a fresh look at your future and implement a new estate plan. In divorce proceedings, individuals experience emotional turmoil, financial uncertainty, and personal challenges that are unsettling, but expected. Peace of mind is illusory for a divorcing spouse. Death, serious illness, and disability, however, often occur when they are least expected. Anticipating the unexpected is a key ...

A new North Carolina law that blocks jilted spouses from suing third parties over lost love and affection in some situations is an important modernization of the marital statute, a Cary attorney says. “This is a progressive step that will protect third parties from becoming collateral damage in divorce litigation, just because they happen to start… View the entire press release.

Take a fresh look at your future and implement a new estate plan. In divorce proceedings, individuals experience emotional turmoil, financial uncertainty, and personal challenges that are unsettling, but expected. Peace of mind is illusory for a divorcing spouse. Death, serious illness, and disability, however, often occur when they are least expected. Anticipating the unexpected is a key ...

Attorney Charles H. Montgomery has been appointed Chairman of the North Carolina Bar Association Family Law Section. Mr. Montgomery began his term as Chairman July 1, 2012. As the acting Chairman, Mr. Montgomery is responsible for appointing committee chairs, presiding over all Family Law Section meetings, and appointing officers to the Family Law Section Council. Prior to being appointed ...

The Family Law Section had a great annual meeting in May with high attendance at the seminar and a lofty party overlooking old Charleston. As your section chair for 2012-13, I am pleased to take the wheel of a juggernaut of an organization that has a proud record of service to family lawyers, the NCBA, and the citizens of our state. Family lawyers are exceptional people. They are eager to serve ...

Significant life decisions such as divorce should not be made without careful consideration and planning. If unprepared, the divorce process can be more stressful and unpleasant than necessary. It may be wise to consult with legal and financial professionals before sharing your intentions with your spouse. Here are five common mistakes people make when considering divorce and how you can avoid ...

Can I keep it? Must we split it? What should we do about the house? Divorcing spouses often assume that they must sell the marital home and that the sale must be completed before the divorce can be finalized. Neither of these assumptions is accurate. In fact, there are a number of options for allocating, dividing, or disposing of the family home. A sale of the property is the option that will ...

There is only one real alternative to settling your divorce case: judicial intervention and decision. In other words, if you and your spouse cannot reach a settlement, a stranger will define the most significant financial transaction of your life… View the whole article… Settle, Settle, Settle Article originally published in Family Advocate, Vol. 34, No. 1, (Summer 2011) p. 38-39.

Everyone talks about reducing taxes. Congress, the legislature, elected officials, and the man on the street all talk about reducing taxes and government spending. The problem for divorcing couples is that each year the local courts that are supported by state taxes receive proportionately fewer dollars to handle more cases filed by a growing state population. The end result is that there are not ...

While changing your name after a divorce might seem like the last of your concerns, you may choose to do so, as it can help bring closure. If you’ve asked yourself: “ How do I change my name after my divorce? ” there is no need to worry. It may seem complicated, but actually the process is fairly straightforward. You may petition to change your name at the time of divorce in conjunction with the ...

Let’s face it, divorce is no fun. It is a painful, traumatic, terrible time in your life. If you really want to suffer, however, you can take steps, ratchet up the heat, and turn your divorce into the “Divorce From Hell.” View full article… Divorce From Hell This article was published in Family Advocate, Vol. 34, No. 1.

Take a fresh look at your future and implement a new estate plan. In divorce proceedings, individuals experience emotional turmoil, financial uncertainty, and personal challenges that are unsettling, but expected. Peace of mind is illusory for a divorcing spouse. Death, serious illness, and disability, however, often occur when they are least expected. Anticipating the unexpected is a key ...

Divorce may force you out into the workforce or into a classroom. The end of a marriage often marks a time when a homemaker may need to consider acquiring job skills and/or returning to the workforce. Similarly, a spouse who has been employed part-time or only on an intermittent basis may be asked to become more self-supporting. A dissolution proceeding is also a time when one spouse or the other ...

The decision to challenge paternity involves a series of legal and psychological choices. In making a decision, the court must balance three sets of interests: the father’s rights, the mother’s rights, and the child’s rights to a clear determination of parentage and support. Let’s examine a common scenario in which husband and wife have a child and then divorce because one spouse has had an ...

Anyone who is a victim of domestic violence must understand how the l egal process works and how to obtain a court order of protection—also called a restraining order or domestic violence order. But knowledge of the process, or even having the order in hand, does not, by any means, eliminate the necessity to remain ever vigilant and at all times keenly aware of the perpetrator’s existence. The ...

Take a fresh look at your future and implement a new estate plan. In divorce proceedings, individuals experience emotional turmoil, financial uncertainty, and personal challenges that are unsettling, but expected. Peace of mind is illusory for a divorcing spouse. Death, serious illness, and disability, however, often occur when they are least expected. Anticipating the unexpected is a key ...

We’ve all heard cautionary tales of job seekers having been denied positions or promotions due to questionable online activity, including dubious pictures or postings. However, few of us consider the potential effect social media and digital communications can have on family law and divorce proceedings. A misguided Facebook post or tweet can have implications far beyond the immediate by creating ...

Practicing family law can sometimes be a solitary undertaking. Most family lawyers spend the majority of their time working one-on-one with a client. The client is usually emotionally distraught to a greater or lesser extent. You are expected to fix their situation or somehow improve it, despite the difficulty or impossibility of the task. You carry a heavy load on your shoulders everyday of your ...

The Family Law Section had a great annual meeting in May with high attendance at the seminar and a lofty party overlooking old Charleston. As your section chair for 2012-13, I am pleased to take the wheel of a juggernaut of an organization that has a proud record of service to family lawyers, the NCBA, and the citizens of our state. Family lawyers are exceptional people. They are eager to serve ...

Practicing family law can sometimes be a solitary undertaking. Most family lawyers spend the majority of their time working one-on-one with a client. The client is usually emotionally distraught to a greater or lesser extent. You are expected to fix their situation or somehow improve it, despite the difficulty or impossibility of the task. You carry a heavy load on your shoulders everyday of your ...

Like surgeons, we must choose carefully the tools and use them with care. Our tools are statutes, treaties, case law, rules of procedure, local rules, etc. Our expertise involves how we apply the law to the facts confronting our clients. So what do we do if the law as applied produces a bad result? Have you ever read a statute or a line of cases and said to yourself, “That law needs to be changed, ...

The Family Law Section had a great annual meeting in May with high attendance at the seminar and a lofty party overlooking old Charleston. As your section chair for 2012-13, I am pleased to take the wheel of a juggernaut of an organization that has a proud record of service to family lawyers, the NCBA, and the citizens of our state. Family lawyers are exceptional people. They are eager to serve ...

Practicing family law can sometimes be a solitary undertaking. Most family lawyers spend the majority of their time working one-on-one with a client. The client is usually emotionally distraught to a greater or lesser extent. You are expected to fix their situation or somehow improve it, despite the difficulty or impossibility of the task. You carry a heavy load on your shoulders everyday of your ...

Let’s assume for a moment that you’ve met the minimum requirements for filing for divorce in North Carolina. You’ve been a resident of the state for 6 months and have lived apart from your spouse for at least one full year prior to the day that you file for divorce. At this point, you may be asking yourself… What do I do now? The process of divorce can be trying, even under the best of ...

By Mark A. Chinn Most lawyers become lawyers because they like to help people. They care very much that their life’s work is viewed as a service to people and to the betterment of the community and nation. For that reason, many lawyers are somewhat embarrassed to bring up the subject of fees. But lawyers know that clients need to know the basis for the charges they are about to incur. So, if your ...

Significant life decisions such as divorce should not be made without careful consideration and planning. If unprepared, the divorce process can be more stressful and unpleasant than necessary. It may be wise to consult with legal and financial professionals before sharing your intentions with your spouse. Here are five common mistakes people make when considering divorce and how you can avoid ...

There is only one real alternative to settling your divorce case: judicial intervention and decision. In other words, if you and your spouse cannot reach a settlement, a stranger will define the most significant financial transaction of your life…. View the whole article… How-to-Share-Parenting Article originally published in Family Advocate, Vol. 33, No. 1, (Summer 2010) p. 4-8.

When going through a divorce in North Carolina, one of the most common questions people have is “what will happen to my retirement accounts?” Tangible items such as cars and personal belongings are typically easier to divide because what is “marital” or “separate” property typically depends on when that property was obtained. Retirement accounts, however, can be part marital and part separate, ...

A new North Carolina law that blocks jilted spouses from suing third parties over lost love and affection in some situations is an important modernization of the marital statute, a Cary attorney says. “This is a progressive step that will protect third parties from becoming collateral damage in divorce litigation, just because they happen to start… View the entire press release.

Attorney Charles H. Montgomery has been appointed Chairman of the North Carolina Bar Association Family Law Section. Mr. Montgomery began his term as Chairman July 1, 2012. As the acting Chairman, Mr. Montgomery is responsible for appointing committee chairs, presiding over all Family Law Section meetings, and appointing officers to the Family Law Section Council. Prior to being appointed ...

By Mark A. Chinn Most lawyers become lawyers because they like to help people. They care very much that their life’s work is viewed as a service to people and to the betterment of the community and nation. For that reason, many lawyers are somewhat embarrassed to bring up the subject of fees. But lawyers know that clients need to know the basis for the charges they are about to incur. So, if your ...

Attorney Charles H. Montgomery has earned a listing in North Carolina Super Lawyers magazine for 2009, an honor reserved for only five percent of the lawyers in the state. Montgomery is a North Carolina board-certified specialist in family law and a Superior Court mediator. His practice emphasizes divorce , alimony , equitable distribution of property, child custody and child support. "It's ...

The NCBA for many years has promoted better funding for the state’s judicial system and its efforts continue. Despite recognition of the problem by the Board of Governors, the funding for the N.C. courts has steadily declined while the demands on the system have steadily increased year after year. I have been practicing long enough to remember when family lawyers were amazed when they heard that ...

Parenting plans are about each parent’s desire for access to his or her children and an opportunity to be involved in the activities and responsibilities of parenting… View the whole article All Parenting Plans Are Not Created Equal Article originally published in Family Advocate, Vol. 33, No. 1, (Summer 2010) p. 23-26.

There is only one real alternative to settling your divorce case: judicial intervention and decision. In other words, if you and your spouse cannot reach a settlement, a stranger will define the most significant financial transaction of your life…. View the whole article… How-to-Share-Parenting Article originally published in Family Advocate, Vol. 33, No. 1, (Summer 2010) p. 4-8.

Parenting plans are about each parent’s desire for access to his or her children and an opportunity to be involved in the activities and responsibilities of parenting… View the whole article All Parenting Plans Are Not Created Equal Article originally published in Family Advocate, Vol. 33, No. 1, (Summer 2010) p. 23-26.

There is only one real alternative to settling your divorce case: judicial intervention and decision. In other words, if you and your spouse cannot reach a settlement, a stranger will define the most significant financial transaction of your life…. View the whole article… How-to-Share-Parenting Article originally published in Family Advocate, Vol. 33, No. 1, (Summer 2010) p. 4-8.

The decision to challenge paternity involves a series of legal and psychological choices. In making a decision, the court must balance three sets of interests: the father’s rights, the mother’s rights, and the child’s rights to a clear determination of parentage and support. Let’s examine a common scenario in which husband and wife have a child and then divorce because one spouse has had an ...

It costs more to run two households than it does to run one. It stands to reason that a dependent spouse may have problems making ends meet while going through the process of divorce . “Post-separation support” (temporary alimony) is a form of spousal support meant to bridge the gap between the time when one first separates from his or her spouse and obtaining long-term spousal support, called ...

You may have asked this question and decided against it, noting that you’re neither rich nor famous. Prenuptial agreements (or “prenups” as they are commonly called) can protect any assets you bring to a marriage or protect you from your spouse’s debts in the event of marital dissolution. In short, a prenuptial agreement can be a prudent and completely reasonable step to take for anyone bringing ...

What is Alienation of Affection? North Carolina is one of only a few states that recognizes the tort of alienation of affection . Alienation of affection allows a spouse to sue a third party for wrongful acts that deprived him or her of the love and affection of his or her spouse. While this tort can be used to sue any third party, including meddling in-laws, it is typically used to sue a spouse’s ...

What is the difference between absolute divorce and legal separation in North Carolina ? The former concludes in a final judgment dissolving the marriage, while the latter can usually be reversed simply by entering into a new agreement with your spouse and/or resuming living together as a married couple. In order to obtain a divorce in North Carolina, the parties must be separated for a period of ...

Before the court will grant an absolute divorce in North Carolina , one must be legally separated for over one year. The date of legal separation is considered to be the date on which one or both parties move from the marital residence to a separate location with the intention of a permanent separation. One cannot live under the same roof as a spouse and be legally separated, even if a separation ...

What is the difference between absolute divorce and legal separation in North Carolina ? The former concludes in a final judgment dissolving the marriage, while the latter can usually be reversed simply by entering into a new agreement with your spouse and/or resuming living together as a married couple. In order to obtain a divorce in North Carolina, the parties must be separated for a period of ...

Before the court will grant an absolute divorce in North Carolina , one must be legally separated for over one year. The date of legal separation is considered to be the date on which one or both parties move from the marital residence to a separate location with the intention of a permanent separation. One cannot live under the same roof as a spouse and be legally separated, even if a separation ...

Others may have encouraged you to do so, advising you that making social acquaintances outside of your married circle of friends will be therapeutic. It’s important for your self-esteem, you tell yourself. And besides, you and your spouse have verbally agreed to date other people. Not so fast. The answer to the question, “Can I date while separated?” is more complex than one may think. Dating ...

By Gregory Forman When considering alimony (sometimes referred to as maintenance), it is important to understand the four basic types of alimony. 1. Permanent periodic alimony : a fixed amount paid at fixed intervals (typically monthly). It does not end until the payor dies or the supported spouse remarries or dies, but it can be modified upon a showing of a change in circumstances. 2. ...

We’ve all heard cautionary tales of job seekers having been denied positions or promotions due to questionable online activity, including dubious pictures or postings. However, few of us consider the potential effect social media and digital communications can have on family law and divorce proceedings. A misguided Facebook post or tweet can have implications far beyond the immediate by creating ...

Once child support is figured out, questions often remain as to whether the parties can agree, or the court can order, other types of payments, such as college expenses, special needs programs for a child, or enrichment programs or competitive activities for a gifted and talented child. Specifics will vary slightly from state to state as will what a court can or will order, depending on whether ...

Once child support is figured out, questions often remain as to whether the parties can agree, or the court can order, other types of payments, such as college expenses, special needs programs for a child, or enrichment programs or competitive activities for a gifted and talented child. Specifics will vary slightly from state to state as will what a court can or will order, depending on whether ...

It costs more to run two households than it does to run one. It stands to reason that a dependent spouse may have problems making ends meet while going through the process of divorce . “Post-separation support” (temporary alimony) is a form of spousal support meant to bridge the gap between the time when one first separates from his or her spouse and obtaining long-term spousal support, called ...

Navigating a divorce can be, and usually is, overwhelming and frightening. There are multiple things to think about, many of which are in an area you know little or nothing about. During the divorce process, you are confronted with issues of estate planning, taxes, the inner workings of a spouse’s business financials, retirement accounts, and child custody. A small, but essential, area important ...

By Gregory Forman When considering alimony (sometimes referred to as maintenance), it is important to understand the four basic types of alimony. 1. Permanent periodic alimony : a fixed amount paid at fixed intervals (typically monthly). It does not end until the payor dies or the supported spouse remarries or dies, but it can be modified upon a showing of a change in circumstances. 2. ...

As you initiate your divorce action, annulment proceeding, or legal separation, your tax filing status does not automatically change. However, as your case proceeds through the legal process, you should consider a number of tax filing options and some rules governing taxable income and deductions. You are only considered “unmarried” for tax filing status if your final decree of divorce or legal ...

* Disclaimer: Any references to Super Lawyers, AV Preeminent®, Lead
Counsel and The Best Lawyers in America contained in this website are
not intended to suggest that our attorneys are superior to other attorneys
practicing in North Carolina. The link for Super Lawyers magazine’s
North Carolina selection information can be found here. Click here for more information on the
Super Lawyers selection process. The link to North Carolina selection information for
The Best Lawyers in America can be found here. The AV Preeminent ® selection information can be found
here. The Lead Counsel selection information can be found
here. Charles Montgomery was featured in the 2009 Super Lawyers list.